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Video Lottery Executive Order

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

EXECUTIVE ORDER NO. 21-03

By the Governor


WHEREAS, the Limited Video Lottery Act prohibits theadvertising of video lottery; and

WHEREAS, the statutory prohibition was enacted to ensurean environment free of outdoor video lottery advertising; and

WHEREAS, an increasing number of licensed limited videolottery retailers are using names and/or symbols associated withgambling on outdoor signs and advertising through use of theircorporate names and registered names in a manner that directlyor indirectly violates this statutory prohibition; and

WHEREAS, the State Lottery Commission has filed amendmentsto its original legislative rule to further clarify that the useof gambling names and/or symbols on exterior/outdoor signage andin media advertising is illegal; and

WHEREAS, these amendments, if approved by the Legislature,would not take effect until the late spring of 2004; and

WHEREAS, it is not in the best interest of this Stateand its citizens that improper and illegal advertising of limitedvideo lottery gaming continue; and

WHEREAS, it is necessary that the citizens of this Statereceive appropriate remediation at the earliest date.

NOW THEREFORE I, BOB WISE, pursuant to the authorityvested in me as the Governor of West Virginia, do hereby ORDERthat:

1. The Director of the Lottery Office, in order to curtailimproper and illegal advertising activities by licensed limitedvideo lottery retailers, shall give notice to all limited videolottery retailers and operators that compliance with the provisionsof this Executive Order will be enforced effective January 1,2004.

2. Licensed limited video lottery retailers may continue tochoose any business name as permitted by the guidelines of theSecretary of State, other than a name using the words "videolottery." If, however, a licensed limited video lotteryretailer wishes to operate video lottery terminals under its license,on and after January 1, 2004, it shall not use a name that containsany word or wording commonly associated with video lottery and/orgambling/gaming, including, but not limited to, "casino,""slots," "royal flush," "poker,"etc., or use symbols commonly associated with video lottery and/orgambling/gaming in any advertising, promotional materials, oron any exterior/outdoor signage. This Order does not precludeuse of the legal name of the licensee inside the establishmentif it cannot be seen from outside the building.

3. Any licensed limited video lottery retailer that does notcomply with this policy by January 1, 2004 shall have its licensesuspended, pursuant to W.Va. Code § 29-22B-402(12), untilit is in compliance with the policy.

4. Non-complying licensed limited video lottery retailers mayalso be subject to any other penalties and/or sanctions availableby law.

5. Notice of this policy shall be sent to all licensed limitedvideo lottery retailers and operators by November 1, 2003 in orderto give adequate time for retailers that are in violation to takecorrective actions without penalty.

 

IN WITNESS WHEREOF, I have hereunto set my hand andcaused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol, in the City of Charleston, Stateof West Virginia, this the twenty-ninth day of October, in theyear of our Lord, Two Thousand Three, and in the One Hundred Forty-Firstyear of the State.

(Original Signed)
GOVERNOR
(Original Sealed)

By the Governor

(Original Signed)
SECRETARY OF STATE
(Original Sealed

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EARL RAY TOMBLIN, GOVERNOR
JOHN C. MUSGRAVE, DIRECTOR, WEST VIRGINIA LOTTERY